Common use of Included Programs Clause in Contracts

Included Programs. Notwithstanding anything to the contrary herein and for the avoidance of doubt, the content protection requirements and obligations applicable to “Included Programs” in Schedule C and Article 9 shall not be applicable to Promotional Previews and trailers of any Included Program. 1. He/She is the [title of the officer] of the Licensor, and as such, is familiar with the facts herein certified and is authorized and qualified to certify same. 2. As of the Certification Date, Licensor and each other SPE Entity have required each Other Distributor to implement, activate and continue to have activated HDCP on all uncompressed digital outputs other than DVI on all personal computers commencing no later than October 31, 2010 and continuing throughout the Term with respect to all motion picture content licensed by Licensor or any other SPE Entity, which digital output protection shall be no less restrictive than the digital output protection Licensee is required to apply pursuant to Section 3.2.4.1(c) of the VOD Agreement. 3. As of the Certification Date, Licensor and each other SPE Entity have entered into an executed, valid and binding written agreement with each Other Distributor pursuant to which such Other Distributor is required to implement, activate and continue to have activated HDCP on all uncompressed digital outputs other than DVI on all personal computers commencing no later than October 31, 2010 and continuing throughout the Term on all motion picture content licensed by Licensor or any other SPE Entity, which agreement is and shall be in full effect throughout the Term (e.g., not modified, amended, waived or negated by any “side” letters, correspondence, e-mails or other agreement, arrangement or understanding, whether written or oral, so as to reduce, negate or void any such content protection requirements or remedies relating to the failure to implement, activate and continue to have activated HDCP on all uncompressed digital outputs other than DVI on all personal computers throughout the Term).

Included Programs. Notwithstanding anything to the contrary herein and for the avoidance of doubt, the content protection requirements and obligations applicable to ““ Included Programs” in Schedule C and Article 9 shall not be applicable to Promotional Previews and trailers of any Included Program.. OFFICER’S CERTIFICATE OF , [INSERT DATE] (the “ Certification Date” ) This Officer’s Certificate is delivered pursuant to Section 3.2.4.1(b) of Schedule C of that certain Video- On-Demand License Agreement, dated as of , 2009 (the “VOD Agreement”), by and between Microsoft Corporation (“Licensee”) and ▇▇▇▇▇▇ Digital Distribution Inc (“Licensor”). All capitalized terms used but not defined herein shall have the respective meanings ascribed to them in the VOD Agreement. The undersigned, [Name of officer], hereby certifies as follows: 1. He/She is the [title of the officer] of the Licensor, and as such, is familiar with the facts herein certified and is authorized and qualified to certify same. 2. As of the Certification Date, Licensor and each other SPE Entity have required each Other Distributor to implement, activate and continue to have activated HDCP on all uncompressed digital outputs other than DVI on all personal computers commencing no later than October 31, 2010 and continuing throughout the Term with respect to all motion picture content licensed by Licensor or any other SPE Entity, which digital output protection shall be no less restrictive than the digital output protection Licensee is required to apply pursuant to Section 3.2.4.1(c) of the VOD Agreement. 3. As of the Certification Date, Licensor and each other SPE Entity have entered into an executed, valid and binding written agreement with each Other Distributor pursuant to which such Other Distributor is required to implement, activate and continue to have activated HDCP on all uncompressed digital outputs other than DVI on all personal computers commencing no later than October 31, 2010 and continuing throughout the Term on all motion picture content licensed by Licensor or any other SPE Entity, which agreement is and shall be in full effect throughout the Term (e.g., not modified, amended, waived or negated by any ““ side” letters, correspondence, e-mails or other agreement, arrangement or understanding, whether written or oral, so as to reduce, negate or void any such content protection requirements or remedies relating to the failure to implement, activate and continue to have activated HDCP on all uncompressed digital outputs other than DVI on all personal computers throughout the Term).